IMPORTANT - READ CAREFULLY BEFORE OPENING
By opening the sealed storage media package, you indicate your acceptance of the following
Nikon
License Agreement
Nikon Corporation. License Agreement
You should carefully read the Nikon License Agreement contained herein before opening the storage media package or breaking the seal on the storage media. BY OPENING THE STORAGE MEDIA PACKAGE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. If you do not agree to the terms of this agreement, do not open the storage media package or break the seal on the storage media. Promptly return within fifteen (15) working days from the date of delivery this unopened package to the store (the authorized Nikon Dealer in the U.S.) where you obtained it for a full refund. If you decide to retain and use the enclosed computer program and related documentation ("Nikon Software"), in consideration of the payment of the license fee, Nikon grants to you a
1.License: This license allows you to:
A. Use the Nikon Software only on a single compatible personal computer. You must obtain a supplementary license from Nikon before using the Nikon Software in connection with systems, multiple central processing units, computer networks, or emulations on a main frame or mini comput- er.
B. Make one copy of the Nikon Software in
CTransfer the Nikon Software and all rights under this license to another party together with a copy of this Agreement provided you give Nikon written notice of conditions of this agreement.
2.Restrictions
Except as otherwise stated in this agreement, you may not make or distribute copies of the Nikon Software to others or electronically transfer the Nikon Software from one computer to another over a network. The Nikon Software contains trade secrets and in order to protect them, you may not decompile, reverse engineer, disassemble or otherwise reduce the Nikon Software to a
CHANGE, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE NIKON SOFTWARE OR ANY PART THEREOF.
3. Term
This license is effective until terminated. This license will terminate automatically without notice from Nikon if you fail to comply with any provisions of this license. Upon termination, you must destroy the Nikon Software and all copies thereof. You may terminate this license at any time by destroying the Nikon Software and all copies thereof.
4. Foreign Export
You agree and certify that neither the Nikon Software nor any related technical data is being or will be shipped, transferred, or
5. LIMITED WARRANTY AND LIMITATIONS OF WARRANTY AND LIABILITY
A. NIKON WARRANTS THAT THE STORAGE MEDIA ON WHICH THE NIKON SOFTWARE IS RECORDED IS FREE FROM DEFECTS IN MATE- RIAL AND WORKMANSHIP UNDER NORMAL USE AND CONDITIONS FOR A PERIOD OF NINETY (90) DAYS FROM DATE OF DELIVERY TO THE ORIGINAL LICENSEE AS EVIDENCED BY THE ORIGINAL SHIPPING RECEIPT. DURING THIS PERIOD, IF THERE IS ANY DEFECT IN MATERIAL OR WORKMANSHIP TO THE STORAGE MEDIA, RETURN IT TO THE STORE (THE AUTHORIZED NIKON DEALER IN THE U.S.) WHERE YOU OBTAINED IT, TOGETHER WITH YOUR ORIGINAL SHIPPING RECEIPT, AND IT WILL BE REPAIRED OR REPLACED FREE OF CHARGE.
B. THIS WARRANTY EXTENDS TO THE ORIGINAL LICENSEE ONLY AND IS NOT ASSIGNABLE OR TRANSFERABLE. THIS WARRANTY DOES NOT APPLY TO ANY STORAGE MEDIA WHICH HAS BEEN SUBJECT TO MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED STORAGE MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY
(30)DAYS, WHICHEVER IS LONGER. ALL WARRANTIES IMPLIED BY LAW ON THE STORAGE MEDIA, INCLUDING BUT NOT LIMITED TO THE MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE WARRANTY. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO REPAIR OR REPLACEMENT OF THE STORAGE MEDIA ON WHICH THE NIKON SOFTWARE IS RECORDED.
CEXCEPT FOR THE LIMITED WARRANTY FOR THE STORAGE MEDIA ON WHICH THE NIKON SOFTWARE IS RECORDED AS SET FORTH ABOVE, NIKON MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED. THE NIKON SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MER- CHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT DOES NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS WARRANT THE PERFORMANCE OR THE RESULTS YOU MAY OBTAIN FROM THE NIKON SOFTWARE OR THAT THE NIKON SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE NIKON SOFTWARE WILL BE UNINTERRUPTED AND
D.EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NIKON SHALL HAVE NO LIABILITY OR RESPONSIBILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY BY THE NIKON SOFTWARE SOLD, LICENSED, OR FURNISHED BY NIKON UNDER THIS AGREEMENT, NOTWITHSTANDING THE ABOVE LIMITATION, NIKON'S LIABILITY OF ANY CLAIM OF ANY KIND (INCLUDING NEGLIGENCE) FROM THE DELIVERY, LICENSE, OR USE OF THE NIKON SOFTWARE FURNISHED UNDER THIS AGREEMENT SHALL IN NO CASE EXCEED THE FEE YOU PAID FOR THE NIKON SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW (A) LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR (B) THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. NIKON'S WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
NIKON'S WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY LOCAL LAWS.
6. General
If any provision of this agreement shall be determined to be invalid for any reason, the remaining provisions shall not be invalidated and shall remain in full force and effect.